PAIA Judgments and Cases

You need to be aware of and potentially take action when the courts hand down PAIA judgments or PAIA cases. We continually monitor and provide plain-language summaries of all PAIA judgments or PAIA cases. Our summaries highlight the actions you may need to take in response. We do all the hard work for you, saving you time.

What PAIA judgments or cases?

Essentially, we monitor and summarise any judgments that apply to the Promotion of Access to Information Act (PAIA).

Only some of the judgment summaries are linked below. To read all previous judgment summaries and be alerted to future ones, join the Michalsons access to information programme. If you are a member and you are logged in, you will be able to view the public as well as the “Members only” judgments.

Smuts v Department of Economic Development

In Smuts v Department of Economic Development (Department), the Landmark Foundation Trust (the Foundation) won the right to access the Department's records. The court ordered the Department to hand over all records of applications and permits issued to individuals allowing [...]

By |2022-12-22T10:40:59+02:00July 26th, 2022|Categories: Access to Information, POPI and Data Protection|Tags: , |
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Goosen-Joubert v Women4Women NPC

In Goosen-Joubert v Women4Women NPC the court granted Ms Goosen-Joubert, a former Mrs SA, access to Women4Women's financial statements and records. Women4Women is a non-profit organisation and a partner to the Mrs South Africa pageant. The court held that Ms […]

By |2022-06-01T10:26:15+02:00May 16th, 2022|Categories: Access to Information|Tags: , |
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Tiso Blackstar v Steinhoff

In Tiso Blackstar v Steinhoff, two media houses won their court bid for access to Steinhoff's accounting records. This judgment marks another victory for the media because it upholds the media's right to information by considering their right to freedom [...]

By |2022-05-27T15:46:05+02:00May 10th, 2022|Categories: Access to Information|Tags: |
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Benatar v Black Academic Caucus

In Benatar v Black Academic Caucus, Professor Benatar lost his High Court application for access to the Black Academic Caucus' membership list, its office bearers, and other documents. This judgment explains how the courts assess applications for access to information [...]

By |2022-11-28T12:51:12+02:00December 15th, 2021|Categories: Access to Information|Tags: |
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Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Services

In Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Services (SARS), the court granted the Financial Mail an interim order to compel SARS to disclose certain tax records. The court held that certain sections of the Promotion [...]

By |2023-06-06T14:14:23+02:00November 16th, 2021|Categories: Access to Information|Tags: |
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Mani v The Information Officer Mintek

In Mani v The Information Officer Mintek, Mani made a request to the Information officer of Mintek in terms of PAIA to determine the source of an email containing defamatory information about her. The court ordered Mintek to provide [...]

By |2022-12-19T11:51:03+02:00January 22nd, 2021|Categories: Access to Information|Tags: , , |
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My Vote Counts v Minister of Justice and Correctional Services

In the judgment of My Vote Counts v Minister of Justice and Correctional Services, My Vote Counts won the right for the public to know the source of a political party's funding. This enables voters to make informed decisions when [...]

By |2024-01-31T07:39:52+02:00June 21st, 2018|Categories: Access to Information|Tags: , , , , |
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My Vote Counts NPC v President of the Republic of South Africa and Others

In My Vote Counts v President of the Republic of South Africa, the court said that PAIA was inconsistent with the Constitution and invalid because it does not require political parties to record and disclose private political funding. The court [...]

By |2022-11-21T16:29:28+02:00September 27th, 2017|Categories: Access to Information|Tags: , |
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President of South Africa v M&G Media Limited

In President of South Africa v M&G Media Limited, the court ruled that courts must take a  “judicial peek” into records when an organisation claims it can’t justify its refusal to disclose information because it will compromise the secrecy of [...]

By |2022-11-29T09:39:12+02:00November 29th, 2011|Categories: Access to Information|Tags: , |
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Makhanya v Vodacom Service Provider Company

In Makhanya v Vodacom Service Provider Company the Court ruled that callers making unsolicited calls from a private number were a violation of Makhanya's right to privacy. The judgment impacts the Promotion of Access to Information Act (PAIA) and a [...]

By |2022-12-19T11:45:23+02:00October 12th, 2009|Categories: Access to Information, POPI and Data Protection|Tags: , , , |
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